Five More Priority Enforcement Sectors for Forced Labor Law

The Department of Homeland Security announced Aug. 19 that it has substantially expanded the number of high-priority sectors for enforcement of the Uyghur Forced Labor Prevention Act. This change is detailed in an updated strategy on preventing imports of goods from China made with forced labor.

The UFLPA establishes a rebuttable presumption that goods made wholly or in part in China’s Xinjiang Uyghur Autonomous Region are made with forced labor and are therefore excluded from entry into the U.S. Even companies not importing directly from China may have goods detained if the materials used to produce those goods in a second country are tied at any level to the XUAR or specific entities or commodities associated with forced labor in China.

DHS initially designated apparel, cotton and cotton products, silica-based products including polysilicon, and tomatoes and downstream products as high-priority sectors for UFLPA enforcement. In 2024 the department added aluminum, polyvinyl chloride, and seafood to that list. DHS has now added steel, copper, lithium, caustic soda, and red dates (jujubes) as well.

According to DHS, entities in these sectors will be prioritized for review by the Forced Labor Enforcement Task Force for a variety of enforcement actions, such as inclusion on the UFLPA Entity List, export limitations, economic sanctions, and visa restrictions. DHS also suggests that importers focus their due diligence efforts on supply chains that intersect with these sectors.

The updated strategy notes that 78 entities have been added to the UFLPA Entity List over the past year, bringing the total to 144 in industry sectors such as agriculture, batteries, electronics, food additives, household appliances, nonferrous metals, plastics, and textiles. Products of these entities are subject to the UFLPA’s rebuttable presumption and therefore excluded from entry into the U.S. The strategy expresses a commitment to further expanding the UFLPA Entity List through efforts such as facilitating information exchange, refining research and identification methodologies, encouraging public reporting of violative activities, and enhancing the use of supply chain tracing technologies.

Sandler, Travis & Rosenberg offers a comprehensive suite of services to help companies address forced labor concerns throughout the world. ST&R also maintains a frequently updated web page offering a broad range of information on forced labor-related efforts in the U.S. and around the globe. For more information, please contact ST&R at supplychainvisibility@strtrade.com.